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(영문) 서울동부지방법원 2015.02.09 2014가단51665
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. A lawsuit for confirmation as to the legitimacy of the lawsuit in this case is permitted when there is a legal interest to immediately determine the existence of present rights or legal relations. The " lawsuit to confirm the authenticity of a deed" as permitted under Article 250 of the Civil Procedure Act is about whether the document solely proves the rights or legal relations was prepared by the person under whose title the document was prepared, and there is no lawsuit for confirmation as to whether the contents written therein are consistent with the objective truth (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). The Plaintiff’s seeking confirmation of the authenticity of a false document is not about whether the written lease agreement stated in the purport of the claim in this case is prepared by the person under whose title the document was prepared, but about whether the contents written in this case are consistent with the objective truth. Thus, a lawsuit for confirmation is not allowed. Thus, the lawsuit in this case is unlawful.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition.

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